[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Notices]
[Pages 61554-61555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29193]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 95-2119]
Licensing of General Category Frequencies
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: By this Order, the Wireless Telecommunications Bureau suspends
acceptance of General Category channels in the 800 MHz band. This
action is taken to ensure the successful resolution of the spectrum
allocation issues raised in PR Docket 93-144 are not compromised. The
intended effect of this action is to freeze acceptance of new
applications after the effective date.
EFFECTIVE DATE: October 4, 1995.
FOR FURTHER INFORMATION CONTACT: D'wana Speight or David Kirschner,
Legal Branch, Commercial Wireless Division, Wireless Telecommunications
Bureau at (202) 418-0620.
SUPPLEMENTARY INFORMATION: Adopted: October 4, 1995. Released: October
4, 1995.
By the Chief, Wireless Telecommunications Bureau:
1. On October 20, 1994, the Commission adopted a Further Notice of
Proposed Rulemaking in PR No. Docket 93-144, 59 FR 60111, November 22,
1994, which proposed a new framework for the licensing of Specialized
Mobile Radio (SMR) systems in the 800 MHz band. In the context of this
proceeding the Commission tentatively concluded that it should revise
its eligibility rules for the General Category Channels to prohibit SMR
and non-SMR applicants from applying for the same channels in the
future. For the reasons stated below, we have decided to place a freeze
on the filing of new applications for General Category frequencies.
2. The General Category channels are available to all eligible
users in the 800 MHz band for either conventional or trunked
operations. Recently, there has been a steep rise in demand for General
Category frequencies, especially by SMR applicants and licensees, as a
result of regulatory actions affecting certain 800 MHz frequencies. On
August 9, 1994, the Commission imposed a freeze on the acceptance of
new 800 MHz applications on the 280 SMR category channels. In addition,
on April 15, 1995, the Wireless Telecommunications Bureau (``Bureau'')
placed a freeze on the filing of new applications for inter-category
sharing on all private mobile radio service frequencies in the 806-821/
851-866 MHz bands.
3. We believe that the current situation warrants a freeze on new
applications for General Category channels. Because of the pressure
placed on the General Category channels, unless we immediately freeze
new applications the successful resolution of the spectrum allocation
issues raised in PR Docket No. 93-144 could be compromised. Freezing
acceptance of these applications is a temporary action that would
preserve the current licensing landscape of the General Category and
allow resolution of the issues regarding future licensing of these
channels in PR Docket No. 93-144. We anticipate that this action will
be of limited duration, because the Commission intends to resolve
expeditiously the issues presented in PR Docket No. 93-144. We
emphasize, however, that this action is limited to new applications for
General Category channels and does not affect the acceptance of new
applications for other categories of 800 MHz frequencies, e.g. Public
Safety, Industrial/Land Transportation, and Business Category Channels.
4. As a result of today's action, we will continue to process those
new applications for General Category channels which have been received
by the Bureau's Licensing Division as of 12:00 a.m. midnight on October
4, 1995. All other applications, including those which still are in the
frequency coordination process, will be subject to this freeze and,
thus, will be returned to the applicant upon receipt by the Bureau's
Licensing Division.
5. Accordingly, it is ordered That the acceptance of applications
for the General Category channels is suspended effective October 4,
1995.\1\
\1\ The imposition of this freeze is procedural in nature and
therefore is not subject to the notice and comment, and effective
date requirements of the Administrative Procedure Act (APA). See
Kessler v. FCC, 326 F.2d 673 (D.C. Cir. 1963). Furthermore, good
cause exists for noncompliance with these APA requirements.
Adherence to the notice and comment, and effective date requirements
in this matter would be contrary to the public interest, because
compliance would undercut the purposes of the freeze.
[[Page 61555]]
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Federal Communications Commission.
Regina M. Keeney,
Chief, Wireless Telecommunications Bureau.
[FR Doc. 95-29193 Filed 11-29-95; 8:45 am]
BILLING CODE 6714-01-M
